Patently-O
FEBRUARY 12, 2023
by Dennis Crouch Rights to use a person’s Name-Image-and-Likeness or NIL generally fall within two categories of intellectual property: rights of publicity and rights of privacy. Rights of publicity can also protect against resulting false impressions created by a seeming endorsement.
Technology & Marketing Law Blog
SEPTEMBER 9, 2022
“plaintiffs’ computer fraud and privacy claims are based on Apple’s reproduction of an app, Toast Plus, intended for public consumption, via the App Store. False Advertising. ” Publisher/Speaker Claims. ” Cite to Opperman v. ” Oops. eBay case from 2008.
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43(B)log
JUNE 6, 2023
Enigma sued its competitor Malwarebytes for Lanham Act false advertising and NY business torts for designating its products as “malicious,” “threats,” and “potentially unwanted programs” (PUPs). Enigma alleged that its software products “(i) detect and remove malicious software (i.e.,
Technology & Marketing Law Blog
DECEMBER 9, 2022
Here’s a not-so-short list of other laws that might apply to web scraping: Copyright, trademark, breach of contract, unfair competition, unfair and deceptive trade practices, trespass to chattels, conversion, state law trade secrets, the DTSA, tortious interference with a contract, tortious interference with a prospective economic advantage, dilution, (..)
43(B)log
FEBRUARY 24, 2021
Kelly Harris: In Canada, Competition Bureau brought enforcement action against FB for misleading privacy representations even though it’s a free service. Regulator will impose “conditions of service,” though not quite traditional broadcaster licensing. Jose Antonio Arochi: Mexico doesn’t have specific regulations.
Technology & Marketing Law Blog
APRIL 27, 2024
This is a false advertising lawsuit again the mobile app game Game of Thrones: Conquest. The account formation process included a screen where a user could proceed only by clicking on the “play” button: Warner Bros. sought to send the case to arbitration. The district court disagreed. Warner Bros.
43(B)log
AUGUST 3, 2023
3) reasonable measures to safeguard privacy interests. (4) Sheff: What about licensing/merchandising in this system? 4) detailed records of works used and their provenance. Sonia Katyal, A Trademark Theory of Rebranding Lots of rebranding out there. TM law should facilitate disclosure or it will fall behind market.
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